Conversion Victims Can Face Action If They Try Converting Others: Gujarat HC

The Gujarat High Court has declined to grant relief to several men accused of forced religious conversion, saying their argument that they could not be made the accused in such a case since they were themselves converts from another faith

In the case of Varyava Abdul Vahab Mahmood vs State Of Gujarat, Gujarat High Court Justice Nirzar S Desai, while refusing to accept the accused were victims of religious conversion since they were earlier Hindus and had converted to Islam, said that the accused did not appear to be victims since they had themselves influenced and pressurised others to change religions.

“On account of their act of influencing and pressurising and alluring other persons to convert to Islam, as can be seen from the FIR as well as statements of the witnesses, of course, those allegations are prima facie in nature for which today, upon examination of material produced, the Court is of the view that conversion of the victims indicates that a prima facie offence is made out. Therefore, it cannot be accepted that those persons who are arraigned as accused who are originally Hindus and subsequently were converted to Islam, can be said to be the victims on account of allegations made in the FIR as well as the material collected during the course of investigation by way of charge-sheet papers,” the Court said

It had been alleged that three of the accused, who were earlier Hindus and converted to Islam, had, along with others, lured Hindu villagers in Bharuch’s Amod to change their religion by promising them new houses, food-grain, cash and jobs. 

The police had also alleged that 100 persons belonging to 37 families were converted from Hinduism to Islam by the accused in this way.

A case was registered against the accused under various provisions of Indian Penal Code, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the Information Technology Act, and the Gujarat Freedom of Religion Act, 2003. A total of 16 persons are accused in the case, but the investigation in respect of five accused is not yet complete.

In 2022, six petitions had been filed iseeking the quashing of the First Information Report (FIR). However, the Court declined to interfere with the trial or the investigation.

“Considering the fact that after their conversion to Islam, it is alleged that those persons also indulged into activity of forcing and luring people as alleged in the FIR and as can be seen from the papers available on record, it is their further act of converting further people around 100 in numbers of 37 families to Islam would prima facie make out an offence against them and, therefore, I do not see any reason to interfere with the trial,” the Court said.

The Court did, however, granted liberty to some of the accused to avail appropriate remedies once the investigation is over and the chargesheet is filed.